Expunction & Record Sealing Lawyer in Montgomery County
In Texas, some people who were arrested or charged with a criminal offense may qualify to have that record expunged — permanently destroyed — or sealed through a petition for non-disclosure. Eligibility depends on the type of charge, the outcome of the case, and the time that has passed. The Law Office of Timothy Rose assists clients in Conroe and across Montgomery County with expunction petitions and orders of non-disclosure.
What Is Expunction in Texas?
An expunction (sometimes called expungement) is a court order requiring all records of an arrest and related criminal proceedings to be destroyed. Once an expunction is granted, the person is legally entitled to deny the arrest occurred. The records are removed from law enforcement databases, court records, and most background check systems.
Expunction is a more complete remedy than non-disclosure. However, eligibility is more limited.
Who Generally Qualifies for Expunction in Texas:
Your case was dismissed and you meet the applicable waiting period.
You were acquitted (found not guilty) at trial.
You were convicted but later received a full pardon.
You were charged with a Class C misdemeanor and successfully completed deferred adjudication.
The statute of limitations expired and no charges were filed.
You were arrested but never formally charged and the applicable waiting period has passed.
Who Does Not Qualify for Expunction
You received deferred adjudication for a felony or a non-Class C misdemeanor (non-disclosure may still be available)
You were convicted of the offense
Your case was dismissed but stems from a case involving a conviction for a different charge arising from the same criminal episode
You are seeking to expunge a DWI conviction (DWI convictions are generally not eligible for expunction in Texas)
DWI Penalties in Texas: What You Could Face
Penalties for DWI in Texas depend on the number of prior offenses, the circumstances of the arrest, and any aggravating factors. Below is a general overview. Every case is different.
First Offense DWI
- Class B misdemeanor (standard)
- Fine up to $2,000 (plus court costs and surcharges)
- 72 hours to 180 days in jail
- License suspension up to 1 year
- Annual surcharge of $1,000 to $2,000 for 3 years to retain driver's license
Second Offense DWI
- Class A misdemeanor
- Fine up to $4,000
- 30 days to 1 year in jail
- License suspension up to 2 years
Third Offense or Felony DWI
- Third-degree felony
- Fine up to $10,000
- 2 to 10 years in state prison
- License suspension up to 2 years
DWI with a Child Passenger (Under 15)
- State jail felony regardless of prior history
- 180 days to 2 years in state jail
- Fine up to $10,000
Additional consequences can include ignition interlock device requirements, community service, DWI education programs, and a permanent criminal record.
How a DWI Case Typically Moves Through Montgomery County Courts
A DWI case in Montgomery County generally follows this sequence. Timelines vary depending on the court's docket and whether the case proceeds to trial.
Arrest and booking
You are taken to Montgomery County Jail, booked, and a bond is set. You may be released the same day if bond is posted.
ALR process
Separately from the criminal case, TxDPS initiates an administrative process to suspend your license. You must request a hearing within 15 days to contest this.
Arraignment
Your first court appearance. You are formally informed of the charges. This is not the time the case is resolved.
Discovery and case review
Your attorney requests evidence, including the police report, dashcam or bodycam footage, breath or blood test records, and field sobriety test documentation.
Pretrial motions
our attorney may file motions to challenge the stop, the test results, or other aspects of the evidence. Some issues can result in suppression of evidence.
Plea negotiation or trial
Many cases are resolved through negotiation. If a fair resolution is not available, the case proceeds to trial. Your attorney will advise you on which path makes sense given the evidence.
Possible Defenses in a DWI Case
Every DWI case turns on its own facts. The following are examples of issues that a DWI defense attorney may examine. None of these guarantee any particular outcome.
The legality of the traffic stop
An officer must have reasonable suspicion to stop your vehicle. If the stop was not legally justified, evidence gathered during it may be challenged.
Blood test chain of custody
Blood samples must be collected, stored, and tested following specific procedures. Issues in this chain can affect the admissibility of results.
Field sobriety test administration
Standardized field sobriety tests have specific administration protocols. Deviations from those protocols can affect the reliability of the results.
Rising BAC
BAC continues to rise after drinking stops. If the test was administered well after the stop, your BAC at the time of driving may have been different.
Breath test calibration and procedure
Breathalyzer devices must be properly maintained and calibrated. The officer administering the test must follow specific protocols.
Medical conditions
Certain medical conditions can produce symptoms that resemble intoxication or interfere with breath test results.
Frequently Asked Questions About DWI Charges in Montgomery County
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Speak With a DWI Lawyer in Montgomery Count
If you were charged with DWI or DUI in Conroe or anywhere in Montgomery County, contact the Law Office of Timothy Rose. The ALR deadline moves quickly. Act now to protect your driving privileges and understand your options.
Consultations are confidential. If you were arrested or given a court date, call as soon as possible.